On 7/28/2018, I (Officer Devin Schneider) was in full uniform while assigned to marked cruiser East-1, along with my partner Officer Kevin Goulart, while working the 4pm-12am shift. At approximately 9:30pm, Officer Goulart and I were on patrol in the area of the former Circuit City parking lot adjacent to Home Depot, located at 75 Mystic Avenue. It was at this time that we observed a white Ford Econovan parked in the edge of the empty parking lot, with the lights out. I would note: Circuit City has been out of business for several years, and it is unlikely that anyone would be in the edge of the parking lot for any legitimate purposes. Officer Goulart and I could smell the strong odor of marijuana emanating from the area of the van. The van suddenly started, then pulled out towards Grand Union Boulevard. I observed that the license plate light on the back of the van was not functioning.

The van took a right onto Grand Union Boulevard, a public way in the City of Somerville. I initiated a motor vehicle stop using my blue lights, and the van pulled to the right of the road. I approached the operator, while Officer Goulart approached the passenger side of the vehicle. As I approached the open driver’s side window, I observed smoke that had the odor of marijuana billowing from the window. The smoke was so thick, it caused me to cough. I asked for the operator’s driver’s license and registration, and he stated that he did not have a valid driver’s license. The operator provided me with his El Salvadorian passport, which identified him as Walter Orellana.

I asked Orellana if he had been smoking marijuana, and he stated that he had. Orellana showed me a bag containing a green leafy substance, that I believed, based on my training and experience, to be marijuana. In the bag was a silver cylinder, that I know based upon my training and experience to be a grinder, used to separate marijuana leaves from the stems and seeds.

As I conversed with Orellana, I could detect the odor of alcoholic beverage emanating from his breath. Orellana’s demeanor was dazed and disoriented. I asked Orellana how much he had to drink, and he stated he had a couple of beers in the morning. I observed that Orellana had dilated pupils, that his eyes were glassy and extremely bloodshot. As Orellana spoke, I believed his speech to be slurred.

I asked Orellana to exit the vehicle. As he exited the van, he stumbled, and seemed unsteady on his feet. We went over to the sidewalk, which was well illuminated by streetlights and lights from the cruiser. Officer Samir Messaoudi (T-9) arrived on scene to assist. Orellana agreed to perform some basic roadside coordination assessments. I would respectfully note, I am certified in Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and I am a certified Drug Recognition Expert (DRE #29733.)

The area where the assessments were administered was a flat paved sidewalk, free from any apparent defects. Prior to administering the tests, I asked Orellana if he had any physical impairments or medical conditions that would prevent him from taking the assessments, and he stated no. I explained and demonstrated each of the assessments, and asked if Orellana understood the assessments. Orellana indicated he understood each of the assessments. Orellana was wearing blue Nike sneakers, and stated that he was comfortable doing the tests in them. Orellana had no resting Nystagmus, and his pupils were equal in size. Orellana stated that he did not wear contacts or glasses.

Horizontal Gaze Nystagmus

I used my finger as a stimulus from the eye tests. I observed lack of smooth pursuit in both the left and right eyes. I observed distinct and sustained Nystagmus at maximum deviation in both the left and right eyes. I observed Nystagmus prior to 45 degrees in the left eye, but not the right eye.

Vertical Gaze Nystagmus

I observed vertical gaze Nystagmus.

Lack of Convergence

Orellana’s eyes were unable to converge on the stimulus as it came within 2″ if the bridge of his nose.

Pupil Size

I measured Orellana’s pupils to be 5 mm in diameter in direct light, which is outside the normal range for DRE purposes and is considered dilated.

Walk and Turn

The line used for this test was an imaginary line along the side walk. I instructed Orellana to assume the starting position and stand stay at that position until told to start. Orellana began to walk early on two occasions despite my instructions not to, and was unable to keep balance in the starting position. During the first 9 steps, Orellana missed his heel to toe, and stepped off line twice. Orellana then turned, doing a sudden turn about face, as opposed to a series of small steps as instructed. He then walked 3 steps and stopped, instead of the instructed 9 steps back, and asked me how many steps he was supposed to walk. I informed him that it was 9 steps. Orellana then walked 15 steps.

One Leg Stand

I used my wrist watch to time the one leg stand. After explaining and demonstrating the assessment, Orellana indicated that he understood what he had to do. I instructed Orellana to begin. On the count of 2, Orellana put his foot down. He then began counting again, and dropped his foot on the count of 1. He began a third time, and dropped his foot on the count of 2. On the fourth attempt, Orellana counted to 10 before the 30 second test was completed. I observed Orellana sway and use his arms for balance during the assessment.

Modified Rhomberg Balance Test

I instructed Orellana to stand with his feet and hands together, tilt his head back, close his eyes, and estimate the passage of 30 seconds. I used my wrist watch to keep track of time. After 73 seconds, Orellana opened his eyes and said stop. I asked Orellana how much time had elapsed, and he stated 5 minutes. I asked Orellana how long I had asked him to estimate, and he could not recall. I allowed Orellana to conduct the assessment again, and this time he opened his eyes and said stop after 15 seconds.

PBT

I had Orellana blow into a portable breathalyzer testing device (PBT). The result was 0.087 BAC.

I placed Orellana under arrest, handcuffing him in a manner consistent with my training. He was transported back to the station in prisoner transport unit 200, operated by Officer Roger Desrochers. At the station, he was booked in the usual manner by Lt. William Rymill. Orellana was informed of all his rights, and refused to take a blood alcohol test. Orellana was offered a drug recognition evaluation by Drug Recognition Expert Officer Samir Messaoudi, and refused.

Orellana is being charged with the following violation of M.A. General Law:

Ch. 90 / S. 10 – Operating Without a License

Ch. 90 / S. 24 – Operating Under the Influence of Liquor

Ch. 90 / S. 24(1)(a)(1) – Operating Under the Influence of Drugs

A friend of Orellana who was a licensed operator who arrived on scene and took possession of the van. The marijuana and grinder was seized, and placed into evidence in the usual manner. The OUI forms will also be entered into evidence. Orellana was issued MA uniform citation T0700999

TERMS AND CONDITIONS
· Copyright
· Trademarks
· Disclaimer
· Applicable Law
· Pricing Information
· Shipping Information
· International Orders
· Color Information
· Fraud Protection Program
· Comments, Feedback and Other Submissions
COPYRIGHT
All Web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is the ownership of Mass Publishing Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this Web site is the exclusive property of Mass Publishing Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Mass Publishing Inc. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Mass Publishing Inc. or using this Web site as a shopping resource. Any other use of materials on this Web site — including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Mass Publishing Inc. is strictly prohibited.
All material and information presented by Mass Publishing Inc. is intended to be used for educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at Mass Publishing Inc..
TRADEMARKS
Mass Publishing Inc. and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Mass Publishing Inc. and may not be used in connection with any product or service that is not offered by Mass Publishing Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mass Publishing Inc.. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
DISCLAIMER
MASS PUBLISHING INC. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MASS PUBLISHING INC. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MASS PUBLISHING INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
MASS PUBLISHING INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
APPLICABLE LAW
This site is created and controlled by Mass Publishing Inc. in the State of Massachusetts, U.S.A. As such, the laws of the State of Massachusetts will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Mass Publishing Inc. reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time.
PRICING INFORMATION
All pricing on Mass Publishing Inc. is in US dollars unless specifically indicated otherwise. Errors and omission excepted.
FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any account or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Mass Publishing Inc. welcomes your comments and feedback regarding this Web site, and Mass Publishing Inc. products and services. Any information, materials, suggestions, ideas or comments sent to Mass Publishing Inc. will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Mass Publishing Inc. an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever.
If you have any questions about these Terms and Conditions, or the content or practices of our website, you can contact Mass Publishing Inc. directly at: Wmtauro@aol.com
WHAT OUR PRIVACY POLICY COVERS
· What our Privacy Policy Covers
· What Personal Information is Collected
· How We Protect Your Information
· How We Use Your Personal Information
· Who Views Your Personal Information
· Making a Purchase
· Children Under 13
· Website Cookies
· Questions About This Policy
WHAT OUR PRIVACY POLICY COVERS
Thank you for visiting our site. We are committed to protecting your privacy.
This Privacy Policy covers any personal information that we obtain from you when you use services on our site. This policy does not cover the practices of companies that we do not own or control, or the actions of people that we do not employ or manage.
Our Privacy Policy may change in the future. We invite you to check back periodically to see if we have made any changes.
By using this site, you agree to the terms of our policy. For more information about the terms of use for this site, please visit our legal page.
WHAT PERSONAL INFORMATION IS COLLECTED
Depending on how you use our site, we may ask you to share personal information with us. Whether you choose to give us this information is completely up to you, but keep in mind that if you withhold information, you may not be able to use some of our services.
We will ask you for information, including some personal information, when you Make a purchase. When you buy something on this site, you have to supply a billing address, phone number, shipping address, and credit card information.
HOW WE PROTECT YOUR INFORMATION
We realize that our customers trust us to protect their personal information. We take that task seriously. We never display your full credit card number once it has been entered. We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.
Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
HOW WE USE YOUR PERSONAL INFORMATION
We collect personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers' preferences. We may also use your information to contact you for account and promotional purposes.
WHO VIEWS YOUR PERSONAL INFORMATION
We may share your personal information with companies that perform services for us, such as delivering packages, sending postal mail and e-mails, processing credit card payments, investigating fraudulent activity, and providing customer service. They have access to personal information needed to perform their functions, but may not disclose your personally identifiable information for other purposes. Some personal information is stored on servers owned by other companies. Only our personel and our websites have the right to access this information. We do not currently sell or license personal information and have no plans to do so. Your personal information will only be used by this site.
At this time, we do not share any personal information with marketing affiliates. It is unlikely that this policy will change in the future. If we do decide to share information with our affiliates, we will post a notice in this Privacy Policy.
MAKING A PURCHASE
When you buy something on this site, you have to supply a billing address, phone number, shipping address, and credit card information. By making a purchase, you become a registered user. You can choose to store information needed to make a purchase, such as your shipping and billing addresses in the My Account — Profile page. Your credit card information is NEVER stored in our databases and is used only for the duration of the purchase transaction. This data is always transmitted securely to the merchant bank and immediately erased from our systems.
CHILDREN UNDER 13
Our site is not designed for children. We do not wish to collect personal information from children under 13. This policy is designed to protect children. Federal law requires us to take special steps to safeguard children's privacy. If you register with us and we discover that you are under 13, we will delete your registration. We will send you a message if we do this. If you are under 13 and want to make a purchase, please ask a parent to place the order for you.
WEBSITE COOKIES
We collect some anonymous information about how you use the site by setting and accessing cookies on your computer. These cookies track information such as how often you visit our web site, what pages you view, and where you go after you leave the site. The cookies track your computer, not you. They are not connected to any personal information about you.
QUESTIONS ABOUT THIS POLICY
If you have any questions about this Privacy Policy, or the content or practices of our website, you can contact us directly at:
Mass Publishing Inc. wmtauro@aol.com
Terms & Conditions/ Cancellation/return policy:If unsatisfied with subscription
7 day money back cancellation return policy on monthly subscriptions.
30 day money back cancellation return policy on yearly subscriptions.
Contact Email: Somervillenewsweekly@yahoo.com